Department of Corrections and Community Supervision

Rules & Regulations

Superintendent's Hearing Amendments and addition of Part 321 Juvenile Separation Units

Date filed with the Department of State (DOS): 8/4/2015

DOS #: CCS-24-15-00012-A

Date adopted: 8/19/2015

Description: The adoption advances the Department policy of considering an inmate's age as a mitigating factor in Tier III inmate disciplinary cases, where the inmate is under the age of 18 at the time of the incident. It also advances the Department policy of considering an inmate's intellectual capacity in certain Tier III inmate disciplinary cases, and also introduces a new Part 321 Juvenile Separation Units that sets forth where and under what conditions an inmate under the age of 18 is to be confined.

TEXT OF RULE

Amend Section (a)(4) of 7NYCRR 254.6 as follows:

(4) When applicable, the information identified in subparagraphs (b)(1)(i),(ii), (iv), (v), and (2)(i), (ii), (iii), and subdivision (h) of this section, derived from the department's electronic databases, shall automatically appear on a computer generated hearing record sheet that shall be provided to the hearing officer for use at the hearing.

Amend Section (b)(2)(i) to 7NYCRR 254.6
(i) the incident occurred while the inmate was assigned to the special needs unit (SNU) at Wende, [Arthurkill]Clinton, Woodbourne, Bedford Hills or Sullivan Correctional Facilities, as indicated on the hearing record sheet;

Add a new Section (b)(2)(iii) and re-number the old Section (b)(2)(iii) to (b)(2)(iv) to 7NYCRR 254.6 (iii) the incident occurred while the inmate was assigned to the correctional alternative rehabilitation program (CAR) at Sullivan Correctional Facility, as indicated on the hearing record sheet; or
([]iv) it appears to the hearing officer, based on the inmate's testimony, demeanor, the circumstances of the alleged offense or any other reason, that the inmate may have been intellectually impaired at the time of the incident or may be intellectually impaired at the time of the hearing.

Add a new Section h to 7NYCRR 254.6
(h) Juveniles. When an inmate is under the age of 18 at the time of the incident, as indicated on the hearing record sheet, the hearing officer shall consider the inmate's age as a mitigating factor. The written statement of the disposition of the charges, if any, shall, in accordance with section 254.7(a)(5) of this Part, reflect how the inmate's age affected the disposition (e.g., reduction of a penalty, alternative to a confinement penalty, dismissal of one or more charges).

Amend Section (a)(5) of 7NYCRR 254.7
(5) As soon as possible, but not later that 24 hours after the conclusion of the hearing, the inmate shall be given a written statement of the disposition of the charges. This statement shall set forth the evidence relied upon by the hearing officer in reaching his decision[,]; the reasons for any penalties imposed; [and,] if applicable, pursuant to section 254.6(b) of this Part, [reflect]how the inmate's mental condition or intellectual capacity was considered ; and, if applicable, pursuant to section 254.6(h) of this Part, how age affected this disposition.

Add a new Part 321 to read as follows:

PART 321
JUVENILE SEPARATION UNITS
(Statutory authority: Correction Law, �� 112)

Section 321.1 Disciplinary confinement of juvenile inmates.

An inmate under the age of eighteen years of age who receives a disciplinary confinement penalty in accordance with section 253.7 or 254.7 of this Title shall serve that penalty in a juvenile separation unit (JSU) as defined in section 321.2 of this Part: except that if the inmate is housed at Woodbourne or Greene Correctional Facility and receives a disciplinary confinement penalty of thirty days or less, the inmate shall serve that penalty in either JSU at Greene, or in a cell at Woodbourne with out-of-cell time at least equal to what is available to an inmate housed in a JSU.

Section 321.2 Juvenile separation unit

A JSU is a separate housing location within a correctional facility designed for inmates under eighteen years of age who, due to their behavior, would otherwise be serving a disciplinary confinement penalty in a SHU or in another housing unit. The unit is designed to meet the educational and other needs of the inmates, while maintaining adequate safety and security on the unit, with a goal of expediting their transition back to general population and encouraging their interactions with others. Although a JSU is not operated as a disciplinary housing unit, in light of the security concerns associated with the behaviors that resulted in their confinement and other penalties, inmates on the unit may be subject to limitations on the quantity and type of property they are permitted to have in their cells and may receive access to programs that are more restrictive than those afforded general population inmates in order to maintain security and order on the unit. An inmate housed in a JSU shall be offered six hours of out-of-cell time on weekdays, excluding holidays. The out-of-cell time shall consist of a minimum of four hours of education and other appropriate programming, and weather permitting, two hours of outside exercise. A minimum of two hours of out-of-cell outside exercise shall also be offered on weekends and holidays, weather permitting. An inmate can be denied out-of-cell activities described in this section, if the commissioner or his or designee determines that the inmate's participation in such activities presents an imminent risk of danger to the inmate or to others.

Note:

Changes in the proposed text are indicated by underlining new text and [bracketing] text to be deleted. Rules that are new are presented as regular text without underlining or brackets. New and/or repealed rules are noted in the description heading at the top of the document.

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